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CIRCULAR

Supplementing a number of contents of the Construction Ministry's Circular no. 02/2005/tt-bxd; Circular no. 04/2005/tt-bxd; and Circular no. 06/2005/tt-bxd

Pursuant to November 26, 2003 Construction Law No. 16/2003/QH11 of the XIth National Assembly, the 4th session;

Pursuant to the Government's Decree No. 16/2005/ND-CP of February 7, 2005, on management of investment projects on construction of works;

Pursuant to the Government's Decree No. 36/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

At the proposal of a number of ministries, branches and localities on supplements to Circular No. 02/2005/TT-BXD of February 25, 2005, guiding contracts in construction activities; Circular No. 04/2005/TT-BXD of April 1, 2005, guiding the projection and management of expenses for investment projects on construction of works; and Circular No. 06/2005/TT-BXD of April 15, 2005, guiding the method of elaborating construction machine and equipment shift prices,

The Ministry of Construction hereby supplements the following contents:

1. Supplementing cases of adjusting prices of construction contracts in Item 3.2, Point II, Part II of Circular No. 02/2005/TT-BXD of February 25, 2005, guiding contracts in construction activities, as follows:

a/ When the investment decider or investor adjusts the project due to the arising of new elements which brings the project higher socio-economic efficiency.

b/ When the approved construction master plan changes which directly affects the project.

2. Supplementing norms of general expenses in Table 2 in Appendix 3 to Circular No. 04/2005/TT-BXD of April 1, 2005, guiding the projection and management of expenses for investment projects on construction of works, as follows:

- For civil works:

+ Works on upgrade and restoration of cultural and historical relics: 10%

- For transport works:

+ Regular maintenance and repair of roads and railways: 12%

+ Regular maintenance and repair of waterway and maritime signal systems: 20%

- General expenses for experimental adjustments of electric lines and transformer stations; tests of materials, constructional elements and structures of construction works shall be equal to 65% of labor expense in a cost estimate.

3. Circular No. 06/2005/TT-BXD of April 15, 2005, guiding the method of elaborating construction machine and equipment shift prices

- Adding construction machines and equipment to the Table of parameters for elaborating construction machine and equipment shift prices prescribed in the Construction Ministry's Circular No. 06/2005/TT-BXD of April 15, 2005, as listed in the Appendix to this Circular (not printed herein).

- In elaborating construction machine and equipment shift prices to calculate construction survey unit prices, expenses for machine operators' wages shall be excluded from construction machine and equipment shift prices because they are already included in the expense for construction survey labor; in formulating unit prices of tests of materials and constructional elements and structures, expenses for operators' wages, fuel, and energy shall be excluded from machine shift prices because they are already included in the expenses for labor and materials.

- The norms of fuel and energy consumption for river-going vessels and high-speed boats defined in this parameter table are applicable to those under way; for those in operation, 65% of these norms shall apply.

- For machines and equipment which are similar to the prescribed machines and equipment in specifications, provincial/municipal Construction Services and investors shall apply the parameters of the prescribed machines and equipment to calculating the shift prices of such machines and equipment appropriately.

4. Organization of implementation

This Circular takes effect 15 days after its publication in "CONG BAO."

Any problems arising during the course of implementation should be reported to the Ministry of Construction for consideration and solution.